Many people want to get US citizenship through marriage, either by a fiance Visa or spouse Visa. But this is a kind of decision that must be made very carefully. There are plenty of categories available for US visas, and you have to review the eligibility criteria for each visa quite methodically to find the best possible option for yourself. There are two types of us visas when it comes to marriage – the Fiance(e) Visa and the Spouse Visa. Each of these has its individual features.
If a US citizen marries a foreign citizen, there are two distinct ways for the foreign citizen to enter the United States as an immigrant and obtain a Green Card. The fiance Visa and the marriage visa can be confusing for many couples out there. Each of these has its advantages. What is best for one specific couple might not be ideal for the situation of another. While making a decision, you should consider the cost, speed of the process, and various other important factors. That leads to the question – which is faster, fiance or spouse visa USA?
Which one is quicker- Fiance Visa or Spouse Visa?
It might appear to be confusing for you to consider whether a K1 fiancé visa or a US spouse Visa (also known as a Marriage-based Green Card) is faster. Before you know which one is the fastest visa for the USA, you must properly understand these two types of visas.
K1 Fiancé Visa
This is a special type of visa for which a citizen of the United States can petition with USCIS in order to obtain a visa for their fiancé, who is based outside the US. Once that person enters the US, the couple can marry each other. When the marriage gets over, the fiancé who enters the United States on the K1 fiancé visa can apply for a Green Card – via a process referred to as an adjustment of status.
There are some differences between a K1 fiancé visa and a marriage-based Green Card. A marriage-based Green Card is functional when a couple is married already. It works only when the marriage has already been completed. After the marriage of the couple, the lawful permanent resident (or the US citizen spouse) can file an immigrant petition for their spouse. Along with that petition for immigration, the permanent resident or citizen also needs to include a number of other documents – which can show that a bona fide marriage relationship exists between the two of them.
If the immigrant spouse is in the US legally, an adjustment of status is what is likely possibly be done. However, if the spouse is outside the US, they will possibly file an application for an immigrant visa through consular processing at a suitable time. That leads to the question of which process is quicker.
Which One is Faster – K1 Fiancé Visa or US Spouse Visa?
To understand this, a hypothetical situation must be considered. In the case of a K1 fiancé visa, the one who files the petition is a US citizen, and his fiancée is someone who is best outside the US. Similarly, when it comes to a Marriage-based Green Card, if it is assumed that the petitioner again is a US citizen and his spouse is a foreign citizen, immigrant visa processing has to be done.
With the K1 fiancé visa option, a US citizen can file a petition known as Form I-129F with USCIS. This type of petition is filed even as the immigrant fiancé is still outside the United States. After the petition’s approval, it is possible for the foreign-based fiancée to apply for her K1 fiancé visa – to enter the US via consular processing.
On the other hand, by contrast, in the case of the marriage-based Green Card, Form I-130 has to be filed by the US petitioner. After approval, the foreign-based spouse can file her immigrant visa application to enter the US via consular processing. Even in this case of the spouse visa process, the spouse who has to immigrate will have to stay outside the United States until the processing is over.
To obtain the K1 fiancé visa, the form I-129F is needed, and generally, the processing is faster in this case as compared to the I-130 form. Typically, it is much faster to process and get an approved K1 fiancé visa to lawfully enter the US than entering the US after receiving a marriage-based or spouse visa.
Which is the faster option for getting a green card in the US?
As aforementioned, the K1 fiancé Visa is intended for unmarried couples. The fiancé, to come to the US, has to apply for this type of visa. After coming to the US following the K1 visa process, the couple gets married then, and the fiancé, who is not a citizen of the US, can apply for her Green Card.
So, you can easily find out that quite a few important steps are involved with the process of getting a green card for the US through marriage.
There are quite a few steps involved in this case. The spouse who is a citizen of the US has to file a petition with the USCIS. The petition needs to obtain approval. Then, the fiancé, who is not a US citizen, can apply for a visa. After the visa gets approved, they can come to the US, and the couple can get married. Then, the fiancé can apply for her Green Card through the process of adjustment of status.
With the marriage-based Green Card process, the couple in question is married already. This spouse, who is a citizen of the US, files form I-130. After it meets with approval, the foreign spouse can apply for her immigrant visa and get the chance to enter the US. After getting admitted to the country initially, the immigrating spouse can be a valid Green card holder, making her a permanent and lawful resident of the United States.
Based on the situation, the foreign citizen who immigrates to the US may be either a 10-year green card holder or a conditional green cardholder.
Conclusion
As you might have understood by now, processing the K1 fiancé visa is generally quicker for a person to enter the US. However, when it comes to the question of getting a permanent and lawful resident status and getting a Green Card. The process of acquiring a marriage-based Green Card is faster.
